These appeals are preferred by the Karnataka
State Board of Wakfs and Hazarath Manick Sha Dargah,
challenging the order passed by the learned Single
Judge who declined to entertain the writ petitions filed
by them, where they were seeking a declaration that the
Mysore (Religious and Charitable) Inams Abolition Act,
1955, does not apply to wakf lands and more
particularly to the lands in question, namely, the entire
village of Bellahalli, Yelahanka Hobli, Bangalore North
Taluk comprising 602 acres and 29 guntas of land
7
which are wakf properties and for other consequential
reliefs. For the purpose of convenience, the parties are
referred to as they are referred to in the writ petitions.

2. The case of the petitioners is that more than
two centuries back, late Hazrath Tippu Sultan, the ruler
of the then princely State of Mysore dedicated the land
in question to meet the expenses of the annual
performance of 'Urs' and various other rituals of the 17th
century Muslim saint Hazrath Manick Sha as evidenced
by the 'SANADNAMA'. Dedication of the property for
pious, religious and charitable purposes constitutes a
'WAKF' in terms of the Muslim Personal Laws. The
consequences in law is that immediately on dedication
the ownership and title of the property automatically
stands transferred and vests absolutely in 'ALMIGHTY
GOD' and gets indisputably impressed with the
character of 'WAKF' and continues as such till eternity.
8

3. The meaning of the word "Wakf" has been
enlarged over a period of time. Section 3(r) of the Wakf
Act, 1995 (hereinafter referred to as 'the Act' for short)
defines what a Wakf is. The subject matter of the
aforesaid dedication are the entire villages of
(1)Bellahalli Yelahanka Hobli comprising 602 acres and
29 guntas of land (2) Bhoopasandra Village comprising
196 acres and 19 guntas. All the aforesaid lands are
situated in Bangalore North Taluk, Bangalore. The
petitioners have restricted their claim in the writ
petitions only to the lands in the Village of Bellahalli
Yelahanka Hobli, Bangalore North Taluk i.e., 602 acres
and 29 guntas of land. Their further case is, prior to
the year 1954 the lands in question had been notified in
the Register maintained by the Department of Muzrai,
Government of Karnataka as "Devadaya Inams". The
name of the second petitioner was shown therein as the
holder of the land. The entries in the quit-rent register
of the said Village even as in the year 1897 discloses
9
only the name of the second petitioner as the Inamdar
of the entire Village of Bellahalli. The quit-rent register
evidences that the lands have been classified as
uncultivable, dry, wet and garden. The final title deed
bearing No.281 dated 19.05.1915 was granted in favour
of Manick Sha Dargah on behalf of His Highness, the
Maharaja of Mysore. The Superintendent of Inams
Settlement Mysore, Bangalore, further confirms the title
of the lands in question in favour of the second
petitioner. By a notification dated 07.06.1965 under
Section 5(2) of the Act, the lands in question were
notified at Sl.No.286 as wakf property. By virtue of the
second notification, the lands in question came within
the control and administration of the first petitioner.
The effect of such notification is tht the character of
property belonging to a Wakf became final and
conclusive and more particularly when not challenged
within a period of one year from the date of publication
10
of the said notification. Till today the said notification is
not challenged.

4. The Mysore (Religious and Charitable) Inams
Abolition Act, 1955 (for short referred to as 'the Inams
Abolition Act') was enacted providing for the abolition of
certain Inams of specified land holdings. Consequently,
the State issued a notification under Section 1(4) of the
Inams Abolition Act dated 04.01.1960 appointing the
First day of February 1960 as the date on which the
provisions of the said Act shall come into force in
respect of various inam villages specified in the
schedule thereto. In terms of the provisions thereof, the
lands to which the said Act were made applicable were
consequently purported to vest in the State. The lands
in question in Bellahalli Village were also fallaciously
included in the said schedule. The Department of
Muzrai did not take any steps to set right the anomaly.
The purported vesting of the land in question in the
11
State was neither legal nor proper, inasmuch as the
said lands were purely Wakf in nature and are
indisputable property, the title of which vests in God
Almighty. The property which is Wakf cannot be
classified as inam lands and on that fallacious
assumption, they were brought within the sweep of the
Mysore Inams Abolition Act. In any event, the property
which has once been dedicated for Religious, Charitable
and Pious purposes automatically vests in God Almighty
and is impressed with the character of Wakf and
continues to remain as wakf till eternity. The Wakf Act
is an enactment which is pith and substance applies to
the Wakf, whilst the Inams Abolition Act is a legislation
relating essentially to land and land reforms. Hence its
provisions cannot override the provisions of the Wakf
Act. Thereafter they have referred to various
correspondence between the second petitioner and the
Government as well as the first petitioner. They have
referred to the orders passed by the Addl. Special
12
Deputy Commissioner for Inams Abolition granting
occupancy rights in respect of the lands in question in
Sy.Nos.1 to 54 and 56 to 72 of Bellahalli Village and
consequent mutation entries made in favour of those
grantees. The appeal filed by the petitioners challenging
those mutation entries also came to be rejected. They
have also referred to the several orders passed by the
Committee constituted for regularisation of
unauthorised occupation granting the land to various
unauthorised occupants who were in possession of
portions of the said land. When their request to restore
the said land did not yield any result, they have chosen
to prefer these writ petitions seeking the aforesaid
reliefs.

5. Respondent Nos.20, 21 and 22 have filed
statement of objections contesting the claim of the
petitioners. They contend that the writ petitions filed
after lapse of fifty years with no proper explanation for
13
the inordinate delay in filing the writ petitions is a good
ground to dismiss the petitions on the ground of delay
only. They also contend, Annexure 'A' the grant
certificate on which reliance is placed is not a genuine
document. It is a fabricated for the purpose of the case.
A portion of Annexure 'A' is a Farsi (Persian) language
whereas in the second page, these respondents are
given to understand that the language used is old
Kannada and Marathi. There is variation in the
handwriting in Annexure 'A'. The respondents have also
obtained translation of the said document. They have
made available a copy of the same. They contend the
name of Gulam Hyder is not found in Annexure 'A'. As
per Annexure 'A' the inam order was passed in 1221 of
hijri calendar. According to its conversion to Gregorian
calendar, the year is 1806. The document further
states that the inam has been for the long life of the
king. The fact of the matter is Tippu Sultan died in the
month of May 1799. The automatic conversion of the
14
dates is made in the website calendarhome.com and
when the year 1221 of hijri calendar is converted to
Gregorian calendar, the year was displayed as 1806.
They have produced extracts of the information
obtained from the internet. It shows that Annexure 'A'
has come into existence after the death of Tippu Sultan.

6. The petitioners have not sought for regrant
under the Inams Abolition Act and hence they have lost
their right if any in the property in question. The
notification extending the Act to the land in question
has been acted upon and several grant orders and
regrant orders have been passed. Third party rights
have been created over the properties in question. The
petitioners have been indolent and slept over the matter
for about fifty years. Therefore the petitioners are not
entitled to any relief under Articles 226 and 227 of the
Constitution.

15

7. The contention of the petitioners that the Act is
not applicable to the wakf land is unsustainable.
Firstly, the lands in question are not wakf lands by any
stretch of imagination. Even assuming for the sake of
argument without conceding that the property is a wakf,
even then by virtue of non-obstante clause in Section 3
of the Act, the land vests with the Government. The
petitioners have not questioned the validity of the Act,
but are questioning only the notification issued under
the Act and hence the petitions are not maintainable.
Then they have referred to regrant orders passed, the
correspondence between the petitioners and the
Government and they have set out their title and several
alienations and the mutation entries in their name and
they contend the petitions are liable to be dismissed.

8. The learned Single Judge who heard this matter
after referring to the various documents relied on by the
parties and after referring to the provisions of the law
16
on which reliance is placed and also taking note of the
judgments cited in support of their contentions has held
that the aforesaid material discloses and as admitted by
the petitioners at para-7 of the petition, petitioner No.2
is the Inamdar. The land in question is a Devadaya
Inam, showing the petitioner No.2 as the holder of the
lands. Section 3 of the Inams Abolition Act deals with
vesting of the land. Once by a notification the said Act is
made applicable to a village/land, the land vests with the
Government. In the instant case by virtue of the
notification dated 04.01.1960 appointing 01.02.1960 as the
appointed date, the provisions of the Act applied to the land
in question. From that day the land vests in the
government. Free from all encumbrances, subject to the
right of Inamdar to seek regrant or compensation. If any
notification issued by the Wakf Board notifying the very same
land as wakf property, it has no value. Therefore, relying
on the said notification issued by the Wakf Board, it cannot
be said that the property in question is a Wakf property.
17
Even otherwise, after the notification under the Inams
Abolition Act and also after the notification under the
Wakf Act for nearly 50 years the petitioners have slept
over the matter. In the meanwhile, the land has been
granted to the tenants who were in occupation of the
land on the date of vesting. Similarly, persons who were
in unauthorised occupation have been granted the land
by regularisation of their unauthorised occupation. The
mutation entries have been made on the basis of the
said grant, who in turn, have sold the property and the
purchasers' name is entered in the mutation records
and they are put in possession. Therefore at this length
of time, the petitioners who lost their right nearly 50
years back have no right to maintain the writ petitions.
Therefore, the learned Single Judge dismissed the writ
petitions both on merits as well as on the ground of
limitation. Aggrieved by the said order, the present
appeals are filed.

18

9. Sri Padmanabha Mahale, the learned Senior
Counsel appearing for the appellants-petitioners
contended that the land in question is not an inam
land. The land was dedicated to God and even
otherwise, when the land is given for a pious, religious
or charitable purposes it constitutes a wakf and
therefore neither the God nor the wakf is an inamdar.
Certainly the second petitioner is not an inamdar of the
land and therefore the provisions of the Inams Abolition
Act is not attracted to the lands in question. In 1965
after conducting a survey, the Government called upon
the Wakf Board to issue a notification to notify the said
land as a wakf land and accordingly notification has
been issued. Till today no one challenged the validity of
the said notification and therefore it constitutes a wakf
property and the Government had no jurisdiction either
to grant the land to the so-called tenants who were in
occupation of the land prior to the date of vesting or
grant the land to the unauthorised occupants of the
19
land by regularising their unauthorised occupation.
Therefore, he submitted that the learned Single Judge
without properly appreciating the facts and the law on
the point committed an error in dismissing the writ
petitions.

10. Sri Ashok Haranahalli, learned Senior Counsel
appearing for some of the respondents contended the
translation given by the petitioners about the Sanad is
not correct. They have produced the correct translation.
The said document shows there is no dedication. On
the contrary it clearly shows the land in question is
inam to the second petitioner for the purpose of carrying
out religious activities i.e., by collecting the revenue
from the said lands from the occupants of the land and
therefore, it is not a case of dedication. It is not a case
of transfer of interest of immovable property in favour of
either the second petitioner or God as sought to be
made out by the petitioners. As is clear from both the
20
translations, it is an inam land. Therefore it is not in
dispute that the land in question is an inam land. It is
a Devadaya Inam land. In para-7 of the petition the
petitioners have described second petitioner as the
Inamdar and therefore the Inams Abolition Act is
applicable to the land in question which is a land
granted as an inam to a religious institution which
stood vested with the Government from the appointed
date. Therefore, whatever right that was conferred in
the land in favour of the second petitioner stood
extinguished and the land vested with the Government
free from all encumbrances. In terms of the provisions
of the Inams Abolition Act persons who were in
occupation of the land as tenants can apply for grant
and it has been granted to them. Persons who were in
unauthorised occupation of the said land applied for
regularisation of their occupation and accordingly, their
occupation was regularised and land was granted to
them. The petitioners till today have not challenged any
21
of those orders. Acting on the orders, mutation entries
were made. After the expiry of the prohibition period,
grantees have sold the property and third parties have
come into possession of the property. Mutation entries
were made in their names. They have developed the
property. In the meanwhile 50 long years have lapsed.
Therefore these petitions filed seeking a declaration that
the land in question is not an inam land, and that it is
not vested with the Government under the Inams
Abolition Act is not maintainable. In the absence of the
validity or the vires of the Act itself not being
challenged, mere challenge to the notification which is
in the nature of delegated legislation is not
maintainable.

11. Sri Jaykumar S.Patil, learned Senior Counsel
appearing for some of the respondents contend the
Sanad on which reliance is placed is of the hijri year
1221 which corresponds to Gregorian year 1806. The
22
said Sanad is said to be issued by Tippu Sultan, the
King of Ghazi. He died on 04.05.1799 and therefore the
said Sanad which has come into existence after his
death in his name do not confer any right on the
petitioners. Even otherwise, as is clear from the recitals
therein, it is not a dedication of the land either to God
or to the second petitioner. It is an inam given to
Dargah of Manick Sha for the purpose of carrying out
their expenses. As is clear from the recitals, the
revenue from the said lands be spent for wedding and
other expenses of the Dargah. Therefore it is a case of
inam, pure and simple. The second petitioner is the
inamdar of the Religious and Charitable Institution to
whom this land was given as inam. The Inams Abolition
Act squarely applies to the lands. By the application of
the said Act by issue of a notification, the said land
vested with the Government free from all
encumbrances. Admittedly the petitioners have not filed
till today any application for regrant of the land. The
23
petitioners have not challenged any of the orders
passed, subsequent to the said vesting in favour of the
third parties. In fact, all of them are not made parties
and therefore it is too late in the day for the petitioners
to contend that it is a wakf property and the Inams
Abolition Act is not applicable and therefore the said
lands have to be restored to them.

12. Sri G.R.Lakshmipathi Reddy, learned Counsel
for respondent Nos.9 to 19 also supported the said
submissions.

13. The learned Government Advocate submitted
that the land in question is an inam land. The second
petitioner is inamdar. By issue of a notification under
Section 4(1), the Inams Abolition Act was made
applicable to the land in question. Therefore the lands
vested with the Government free from all
encumbrances. Thereafter the lands are granted to the
tenants. The petitioners have no right. Even the
24
notification issued under Section 4(5) of the Wakf Act
has no value, as it is not a wakf property at all and
therefore he submits no case for interference is made
out.

14. In the light of the aforesaid facts and the rival
contentions, the points that arise for our consideration
are :

(i) Whether the lands in question is an inam land
or the wakf ?

(ii) Whether the Inams Abolition Act is applicable
to the land in question ?

Point No.1:

15. The English translation of the Persian document
Annexure 'A' reads as under:

In the name of Allah, the most Benevolent and the
Merciful
SEAL
ORDER of the shadow of Allah-His Majesty Tippu
Sultan, the Ghazi King
25
(Addressed) TO : the Present and Future Officers,
Deshmukhs, Deshpandes and other Agriculture
Officers of Bangalore Taluk in the Kingdom.

------

WHEREAS, the Village of Bellahalli with its four
corners and Revenue derived from fifty Rahathas
AND the village of Bhoopasandra with its four
corners and Revenue derived from fifteen
Rahathas (these two villages) located in Yelahanka
be dedicated to meet the expenses of the Dargah
Hazrath Manick Shah (RA). This is conferred as
Inam.

WHEREAS, the two villages since the beginning
of the month of in the Hijri year 1221 be entrusted
to the Mujawars of the above mentioned Dargah
so that the income derived be spent for the Urs
and other requirements of the Dargah. Prayers be
made for the long life of the King and the
Government.

Every year fresh Sanad (in this regard) shall
not be demanded. Copy of the same be retained.
Written on the 22nd day of the month of Jakhi
in the year abovesaid.

By Orders
Written by
Syed Ghulam Hyder
(Signature)

16. The translation given by the respondents is as
under:

26

In the name of Allah the compassionate the
Merciful
SEAL
The shadow of Allah, the king of heavens,
Tippu Sultan, the King of Ghazi
The present and future subjects, deshmukhs
and deshpandes and farmers of Bangalore.
The bellahalli locality with all it's
surroundings totally worth 50 rahathas and
the bhoopsandra locality with all it's
surroundings totally worth of 15 rahathas,
both localities located in yelahanka next to
town of bangalore is given as An'am to
dargah of manik shah.

From the beginning of the Ahmadi (Ramazan)
month of hijri year 1221 both the localities
should be entrusted to the mujawars so that
the revenue from that be spend for the
wedding and other expenses of the dargah.
May they make duas for the long life of the
king and the government.

Every year new sanad should not be
demanded.
retain a copy.
Translated by Somayeh Besharatri

17. In the translation given by the respondents,
the word 'Dedicated' is conspicuously missing. In
this place what we find is An'am to dargah of manik.
But in the document produced by the petitioners,
after the words 'dedicated', to meet the expenses of
Dargah Hazrath Manick Shah, it is categorically
stated 'this is conferred as inam'. In the second para
of the translation given by the petitioners, it is clearly
mentioned that 'the two villages since beginning of
the month of in the Hijri year 1221 be entrusted to
the Mujawars of the above mentioned Dargah so that
the income derived be spent for Urs and other
requirements of the Dargah', whereas in the
translation given by the respondents, it is mentioned
as 'from the beginning of Ahmadi after (Ramzan)
month of hijri year 1221 both the localities should be
entrusted to the Mujawars so that the revenue from
28
that be spent for the wedding and other expenses of
the dargah'.

18. It is in the background of these recitals, we
have to look at the definition of Wakf as contained in
the Wakf Act, 1995 on which reliance is placed. It
reads as under:

"Wakf" means the permanent dedication by a
person professing Islam, of any movable or
immovable property for any purpose recognised
by the Muslim law as pious, religious or
charitable and includes -

(i) a wakf by user but such wakf shall not
cease to be a wakf by reason only of the
user having ceased irrespective of the
period of such cesser;

(ii) "grants", including mashrut-ul-khidmat
for any purpose recognised by the
Muslim law as pious, religious or
charitable; and
29

(iii) a wakf-alal-aulad to the extent to which
the property is dedicated for any purpose
recognised by Muslim law as pious,
religious or charitable,
and "wakf" means any person granting
such dedication;"

19. Explaining the meaning of the Wakf as defined
in the Wakf Act, Mulla in his principles of Mahomedan
Law has explained the meaning of Wakf.

"The term Wakf literally means detention. Wakf
signifies the extinction of the appropriator's ownership
in the thing dedicated and the detention of the thing in
the implied ownership of God, in such a manner that its
profits may revert to or be applied for the benefit of the
mankind. A wakf extinguishes the right of the wakf or
dedicator and transfers ownership to God. The
mutawalli is the manager of the wakf, but the property
does not vest in him, as it would in a trustee in English
law. A dedication to a pious or charitable purpose is
meant, the right of wakf is extinguished and the
30
ownership is transferred to the Almightly. It must be a
permanent dedication. If the dedication is not
permanent, wakf is invalid.

20. From a reading of the entire document, it is
clear the intention of the wakeef was not to give these
lands as a permanent dedication. What is given is the
right to collect the revenue and spend the same towards
expenses of the Dargah. Therefore, it is clear from the
aforesaid translated copy, there was no intention on the
part of the Wakeef to dedicate the property to God.
What is given under the said document is only right to
collect the revenue from the land and spend it towards
meeting the expenses of the Dargah. In the translation
provided by the petitioners, the word used is 'this is
conferred as Inam'. When the document expressly
states as inam, which is also supported by the recitals
read as a whole, it is not possible to accept the
contention of the petitioners that it is not an inam, but
31
it is a wakf. Therefore, the land in question is an inam
land and not a wakf property.

Point No.2 :

21. The Inams Abolition Act was enacted by the
state legislature in public interest to provide for the
abolition of Religious Charitable Inams in the Mysore
area. It applies to religious inams including the Sringeri
Jahgir and charitable inams. The explanation to sub-
section (3) of Section 1 provides/extends the meaning of
'Religious inam' or 'charitable inam'. It means a grant
of a village, portion of a village or land entered in the
register of imams, quit-rent register, alienation register,
or any revenue account maintained by or under the
authority of Government as Devadaya inam or
Dharmadaya inam, as the case may be. 'Inamdar'
means a religious or charitable institution owning an
inam. Section 3 of the Act provides for consequences of
vesting for an inam in the State. It provides when the
notification under sub-section (4) of Section 14 in
32
respect of any inam has been published in the Mysore
Gazette, then, notwithstanding anything contained in
any contract, grant or other instrument or in any other
law for the time being in force, with effect on and from
the date of vesting, and save as otherwise expressly
provided in this Act. The consequences which follow are
enumerated. Clause (b) provides all rights, title and
interest vesting in the inamdar including those in all
communal lands, cultivated lands, uncultivated lands,
whether assessed or not, waste lands, pasture lands,
forests, mines and minerals, quarries, rivers and
streams, tanks and irrigation works, fisheries and
ferries, shall cease and be vested absolutely in the State
of Mysore, free from all encumbrances and persons who
are entitled to be registered as occupants are given an
opportunity to make an application and in the absence
of any such claims from the occupants, the inamdar has
been given a right to seek for regrant of the land for which
33
there are no claims or claim compensation in respect of
the lands which cannot be regranted.

22. From the material on record, it is clear both
from the Sanad and also the entries in the quit-rent
register it is clear the land in question is entered as an
inam land. In para-7 of the petition, second petitioner
claims to be an Inamdar of the land. The land in question
is given as an inam to the second petitioner which is a
Religious and Charitable Institution. Therefore, Section 3
of the Inams Abolition Act is attracted. When a
notification was issued extending the provisions of the Act
to the land in question, the said land vested with the State
Government free from all encumbrances. Neither the
validity of the Act nor the notification extending the
application of the Act to the land was challenged by the
petitioners for nearly 50 long years. Even now, what is
challenged is the notification and not the validity of the
Act. The notification is issued in pursuance of the Act. If
the Act is applicable the notification only extends the
34
application of the Act. When the Act is not challenged, the
notification cannot be challenged. Even otherwise, as is
clear from the statutory provision the land in question
being an inam land and the second petitioner being the
inamdar, the said land vested with the Government free
from all encumbrances. Therefore, the Inam Abolition Act
is applicable to the land in question, and the lands vested
with the Government free from all encumbrances.

23. It is on record for the last fifty years, tenants
who were cultivating the land applied under the provisions
of the Inams Abolition Act for grant of land and have been
granted occupancy rights. Persons who were in
occupation of the land unauthorisedly applied for
regularisation of their occupation. Accordingly they have
also been granted lands. Mutation entries are made in
their favour. The appeal filed challenging those mutation
entries by the petitioners have been dismissed. After
expiry of the prohibited period these grantees have sold
the land, in turn to the third parties. The third parties
35
have got mutation entries in their name. They have
developed the property and have got into possession.

24. Under these circumstances, the petitioners being
silent spectators for all these developmental activities
having not challenged those orders, have chosen to file
these writ petitions nearly after fifty years. We do not see
any merit in these appeals. The finding of the learned
Single Judge that the petitions are liable to be dismissed
both on grounds of merit as well as on the ground of delay
and laches is fully justified and no case for interference is
made out.